D.O.F. 12.08.2010
D.O.O. 04.12.2010
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. K.P.Preethakumari : Member
Smt. M.D.Jessy : Member
Dated this the 4th day of December, 2010.
C.C.No.198/2010
Rema E.,
M.C. House, Chembilode, : Complainant
P.O. Mowanchery, Kannur
1. The Secretary,
Koyyode Service Co-op. Bank
P.O. Koyyode.
2. Kerala State Co-op. Consumer
Federation Ltd., Gandhi Nagar : Opposite parties
Ernakulam, Cochin – 682 020
O R D E R
Smt. M.D. Jessy, Member
This is a complaint filed under Section 12 of Consumer Protection
Act for getting an order directing the opposite parties to refund ` 5750 with interest and cost.
The case of the complainant in brief is as follows : The opposite parties provided gas connection for domestic purposes. The opposite party offered spot connection and regular supply of gas cylinders without any delay. But there was no due supply of cooking gas and committed gross defect in performing the terms of the contract. The said payment was made through agent of opposite party ie Koyyode Service Co-op. Bank Ltd, P.O. Koyyode. But the supply of gas happened to be irregular. So complainant cancelled gas connection and made request to repay deposit amount before Secretary, Koyyode Service Co-op. Bank. But the opposite party were not ready to repay the amount. Hence the complainant cancelled the gas connection and asked for refund of the amount and opposite party was not ready to refund the amount and hence the complaint.
On receiving the complaint notices were issued to opposite parties. Opposite party 2 filed their version.
Opposite party 2 in their version contending that at the time of giving cooking gas connection Consumer Fed had received ` 5750 from all the consumers including the complainant in the O.P. Out of this amount ` 5,500 was given to Koldy Petroleum India Ltd. and ` 100 to primary Societies through which connection was availed and Consumerfed itself appropriated ` 150. As per the agreement with the Koldy petroleum India Ltd they supplied two cylinders and one regulator to each consumers. The filled cylinder in a periodical manner were also supplied by Koldy Petroleum India Ltd.
On the above pleadings the following issues were raised for consideration.
1. Whether there is any deficiency in service on the part of the opposite parties?
2. Whether the complainant is entitled for remedy as prayed in the complaint?
3. Relief and cost.
The evidence consists of oral testimony of the complainant and Ext.A1 marked.
Issues No.1 to 3 :
The complainant has stated in the complaint that she has availed gas connection from 1st opposite party by paying an amount ` 5,750. The complainant was assured that the amount will be refunded at the time when the equipments are surrendered. Ext.A1 is the receipt dated 10.03.2009 which shows complainant already paid ` 5,750 to 1st opposite party and he surrendered two cylinders and one regulator to 1st opposite party. Hence all opposite parties are jointly and severally liable to refund ` 5,750 to the complainant.
In the result, the complaint is allowed directing the opposite parties to refund ` 5750 (Rupees Five Thousand Seven Hundred and Fifty only) to the complainant within one month from the date of receipt of this order, failing which the complainant is entitled to execute the order as per the provisions of Consumer Protection Act.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Receipt Certificate dated 10.03.2009.
Exhibits for the opposite party
Nil
Witness examined for the complainant
PW1. Complainant
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
